Law Commons^™

The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre

Brigham Young University Journal of Public Law

No abstract provided.

Postdoc Payback: A Call For Reform Comments, Peter A. Hecker

Brigham Young University Journal of Public Law

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.

Are Wild Deer Wild?: The Legal Status And Regulation Of White-Tailed Deer, Miles Figg

Journal of Environmental and Sustainability Law

No abstract provided.

Editor's Perspective

Journal of Environmental and Sustainability Law

No abstract provided.

Act Vs. Amendment: Schultz Family Farms, Legislative Exceptions, And The Future Of Right-To-Farm, Jennifer Bennett

Journal of Environmental and Sustainability Law

No abstract provided.

A Glowing Problem: North County St. Louis And Nuclear Waste Policy, Jason Horne

Journal of Environmental and Sustainability Law

No abstract provided.

Frack Attacks: Government Compliance -- Or Lack Thereof -- With Federal Regulations On Tribal Lands, Erika Dopuch

Journal of Environmental and Sustainability Law

No abstract provided.

Delaying The Inevitable: A Compel-Ing Tale Of The Environmental Protection Agency, Administrative Procedure Act And A Pesticide, Samuel Steelman

Journal of Environmental and Sustainability Law

No abstract provided.

Judicial Review Of Net-Metering Agreements: Seeking To Avoid Capture In The Western District, Erika Dopuch

Journal of Environmental and Sustainability Law

No abstract provided.

Where The Wild Things Are…Properly Valued: A Look Into Methods Used By Courts To Assign Monetary Value To Wildlife, Katielee Kitchen

Journal of Environmental and Sustainability Law

No abstract provided.

Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin

Faculty Scholarship

After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab, …

Eugenics, Jim Crow, And Baltimore's Best, Garrett Power

Faculty Scholarship

No abstract provided.

Beyond Polemics: Poverty, Taxes, And Noncompliance, Michelle Lyon Drumbl

Scholarly Articles

The earned income tax credit (EITC) is perhaps the most significant refundable credit in the U.S. tax system. Designed as an anti-poverty program, it is a social benefit administered by the Internal Revenue Service (IRS). Studies show it has a positive impact upon the children whose families receive it. Despite its many positives, however, the EITC is a program that for years has been plagued by taxpayer noncompliance. Though it is believed that the majority of EITC noncompliance may be unintentional, public reports of misconduct and fraud hurt the program’s image and fuel political rhetoric.

This article unpacks the rhetoric. …

Shareholder Proposal Settlements And The Private Ordering Of Public Elections, Sarah C. Haan

Scholarly Articles

Reform of campaign finance disclosure has stalled in Congress and at various federal agencies, but it is steadily unfolding in a firm-by-firm program of private ordering. Today, much of what is publicly known about how individual public companies spend money to influence federal, state, and local elections—and particularly what is known about corporate “dark money”—comes from disclosures that conform to privately negotiated contracts.

The primary mechanism for this new transparency is the settlement of the shareholder proposal, in which a shareholder trades its rights under SEC Rule 14a-8—and potentially the rights of other shareholders—for a privately negotiated social policy commitment …

Brief Of Appellant, John Hill V. State Of Maryland, No. 2740, Paul Dewolfe, Renée M. Hutchins, Silva Georgian

Court Briefs

No abstract provided.

Brief Of Appellant, James Goss V. State Of Maryland, No. 669, Paul Dewolfe, Renée M. Hutchins, Lisa M. Johnson

Court Briefs

No abstract provided.

Interest And Irritation: Brown V. Maryland And The Making Of A National Economy, Henry P. Callegary

Legal History Publications

This paper examines the United States Supreme Court case Brown v. Maryland, 25 U.S. (12 Wheat.) 419 (1827), which struck down Maryland’s licensing fee on wholesalers of imported goods. In doing so, the Court reaffirmed its commitment to a national economic policy, instead of a state-centric system. This paper explores the context of the decision, including profiles of the parties involved, the attorneys for both sides, the lower court decisions, and the majority opinion and dissent from the United States Supreme Court. Additionally, this paper follows the lineage of the case through to the present day, examining its doctrinal impact …

1862 - Reports Of Land Cases Determined In The United States District Court, Northern District Of California, Volume 1, Ogden Hoffman, District Judge

Miscellaneous Documents and Reports

This report covers all of the opinions delivered by Judge Hoffman during the June 1853 to June 1858 terms of the Northern District Court of California relating to land cases. It includes a list of the Governors of California from its first settlement together with an early history of Upper California. The Appendix contains a table of all land claims presented to the Board of Land Commissioners including the number of each Commission docket number (GLO), District Court case number, corresponding number from the Jimeño Index, the name of the claimant, the original grantee, the date of the grant, the …

The Emerging Normative Structures Of Transnational Law: Non-State Enterprises In Polycentric Asymmetric Global Orders, Larry Cata Backer

Brigham Young University Journal of Public Law

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

Regulating Marriage In A New Environment, Carmen Garcimartin

Brigham Young University Journal of Public Law

No abstract provided.

An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich

Brigham Young University Journal of Public Law

No abstract provided.

Arbitrariness Review Made Reasonable: Structural And Conceptual Reform Of The "Hard Look", Sidney A. Shapiro, Richard W. Murphy

Notre Dame Law Review

As Representative John Dingell remarked in the best sentence ever said on the power of procedure over substance, “I’ll let you write the substance . . . you let me write the procedure, and I’ll screw you every time.”1 Accordingly, designing procedures for legislative rulemaking, a dominant feature of modern governance, has spawned one of the most contentious debates in all of administrative law. Compounding the stakes, over the last fifty years, the courts, with help from Congress and presidents, have relentlessly made rulemaking procedures more burdensome, impeding efforts to preserve the environment, protect workers, and forestall financial collapse, among …

Striking The Right Chord: A Theoretical Approach To Balancing Artists' Intellectual Property Rights On Remix Audio-Sharing Platforms, Nicole Greenstein

Cornell Law Review

No abstract provided.

The First Amendment Walks Into A Bar: Trademark Registration And Free Speech, Rebecca Tushnet

Notre Dame Law Review

This Article analyzes the First Amendment arguments against section

2(a)’s disparagement bar with reference to the consequences of any

invalidation on the rest of the trademark statute. My fundamental conclusions

are that In re Tam is wrongly reasoned even given the Supreme Court’s

increased scrutiny of commercial speech regulations, and that to hold otherwise

and preserve the rest of trademark law would require unprincipled distinctions

within trademark law. More generally, the Supreme Court’s First

Amendment jurisprudence has become so expansive as to threaten basic

aspects of the regulatory state; the result of subjecting economic regulations

such as trademark registration to …

The Rico Trend In Class Action Warfare, Briana Lynn Rosenbaum

Scholarly Works

Aggregate litigation, including class actions and mass actions, have been under attack for decades. Recent Supreme Court cases have further weakened class actions, and the current Congress is considering numerous aggregate litigation and tort reform efforts. Recently, defendants in aggregate litigation have employed an additional tactic by filing civil RICO cases against plaintiffs’ counsel. In a number of these cases, defendants’ primarily allegation is that plaintiffs’ counsel are fraudulently inflating the value of lawsuits by filing baseless lawsuits as part of aggregate litigation. In some of these cases, the predicate acts consist solely of litigation filings: the filing of complaints …

Admissible Evidence: Vol. 1, Issue 6, Ndls Social Committee

Admissible Evidence

On the Scene

Coming soon ...

• ND Voice celebration (hopefully!)
• Holiday cookie exchange - December 5
• NDLS holiday luncheon on December 8 at noon. Mark your calendar and stay tuned for more details!
• Staff Christmas party - Week of December 19

November Birthdays & Anniversaries

• 1 - Wendy Noecker
• 17 - Allison Wruble
• 20 - Christine Leblang
• 21 - Christine Cervenak
• 25 - Anne Hamilton
• Jody Ruszkowski - 15 years

It's Official!

Meet Natali Versagli!

Natali Frances Versagli is the gorgeous daughter of Vinny & Calli Versagli. She made her grand debut on Saturday, October 1 at 9:03 a.m. (well …

Policy Brief: Expanding Food Benefits For Immigrants: Charting A Policy Agenda For New York City, Anabel Perez-Jimenez, Nicholas Freudenberg

Publications and Research

This policy brief explores the eligibility of various categories of New York City’s immigrant populations, from those who have become citizens to permanent residents (Green Card holders) to those who lack legal immigration status, for SNAP, WIC and School Food, the nation’s main food benefit programs. We also examine factors that facilitate or block immigrants’ enrollment in these programs. Our larger goals are to encourage more systematic study of immigrant access to food benefits and identify opportunities for improving access. We hope to widen a public conversation among immigrants and their organizations, food security groups, food justice advocates and policy …